Criminal Procedure Code, 1973, Section 397, 125 -- Maintenance - Granted by Magistrate - Upset by Sessions Court in revision - Held, revisional Court committed illegality in substituting its own finding...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction proceedings against a party - Can be initiated only after finalisation of order - Appellate as well as revisional orders set aside - Proceedings under the Act could not have been initiated...........
Civil Procedure Code, 1908, Section 115 -- (As amended) - Mere filing of revision does not operate as stay of suit or other proceeding unless stay is specifically granted by Revisional Court - Trial Court should not stay suit proceedings on mere assertion of party that it is seeking revision of certain order passed in proceedings...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4) -- Revisional order not based on reasons recorded in show - cause notice - Set aside...........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- No material irregularity committed by lower Revenue Officers which has vitiated partition proceedings - Service of all necessary parties effected in accordance with legal procedure - Partition already made, possession delivered and mutation sanctioned - No justification for..........
Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - Framing of - Revision against - If two views are possible then one favouring prosecution has to be taken if evidence collected gives rise to grave suspicion - No ground to interfere if trial Court on basis of evidence finds that accused appears to be connected with offence - Revisional powers cannot be..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Interference only when Court concerned has committed an illegality or material irregularity or impropriety in passing the impugned judgment and order - If the impugned order apparently is presentable, without any such infirmity which may render it completely perverse or unacceptable and when there is no failure of..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Direction for writing a fresh judgment - Held, it is rather a significant departure in the normal disposal of revisional application...........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Prayer for grant of maintenance from date of application - Non grant of such prayer or part of such prayer - It is obligatory on the part of Court to assign reasons as to why maintenance though prayed for from date of application is not granted from that date - Non assignment of reasons amounts to..........
Insurance claim -- Vehicle stolen and looted - Claim repudiated as no claim - Complaint rejected by District Forum as the repudiation was based on investigation report - State Commission reversed the findings of District Forum as no legal evidence was placed on record to sustain the view taken by the investigator - Even the investigation report was not proved by any..........
